| Show v v COUnT Came In limo Ilia Case oan of or John K I 1 White While And ife vs va So It U 1 I IThe W V The supreme court has reversed the decision of oC time the lower court In the case CUP of John H R White and aut wife appellant appellants vs tho the lUo ho Unmade Grande Western ay company and remanded I the case cafe for a an now n w trial The fhe action VM wu brought In Inthe time the Third district court to recover Vcr 55 16 damages for tor the death 1 lh of ot the tIme san Han of plaintiff who whip died diet In the hospital here Ilert on Sept 13 7 as us the of lead poisoning which w leh the young man contracted while employed ai nl a a pointer painter for or defendant company compan It II Is III alleged that he lie was employed In Inthe Inthe inthe the painting crew and sent seat nt to Helper Carbon arbon county c In the early part port of September 1 7 and during durin this the trip lie he was compelled compell Kl to sleep 81 p In a caboose whore the paint was Os kept and anti Inhaled the fumes from the time paint until he was Wail taken iii 11 and had to be re removed remond removed moved mond to the hospital where he died later On tin thi trial below defendant iiI etc marred to the tim th complaint on tIme the U ground that the time court had bAd no In the cs case for or the Ih reason that tIm Ih action should have III l been hwn een brought In Carbon county where the young oung man contract contracted ed tl the disease The Time demurrer was wan EU tamed on that ground and the action l lAn An appeal twos tak awl al I I It was lS shown the first tet trUl t of ot the ease wie In Jn rt belo had tiled filed in gnawer answer and gone One tu to tt trial anti and nd was granted a II nonsuit The opinion opinIon opinion ion rendered today holds hOld that the court had hall Jurisdiction to try tr this the ease caso and that by the time action of ot defendant In go going o ing lug to trial on tho thio first trial of the time case the mime objection to the Jurisdiction of ot the time court was vita waived by tI defendant Tho TIn opInion was IM written by ly Chief Justice Haskin concurred In In full fail by hy Jus Juu tico Barch and partially by District Hart |
